Bhavanesh Chandra Prasad v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Bhavesh Chandra Prasad ...

Petitioner Vs.

1. The Inspector of Police, Bank Fraud Investigation Wing, Central Crime Branch, Vepery, Chennai-600007

2. S.Gopi Reddy

3. K.Damodaran

4. Mohamed Rafi

...Respondents

Prayer : Criminal Original Petition filed under Section 528 BNSS, to comply with the order passed by the learned Metropolitan Magistrate for Exclusive Trial of Cases by Greater Chennai Police, Egmore, Chennai - 08, in Crl.M.P.No.22300 of 2024 dated 25.06.2024 and consequently direct the first respondent to register the FIR in accordance with law. For Petitioner : Mr.R.Paramasivam For Respondents : Mr.S.Sugendran, Addl.Public Prosecutor for R1 ****** 1/4

O R D E R

This petition has been filed seeking direction to comply with the order passed by the learned Metropolitan for Exclusive Trial of Cases by Greater Chennai Police, Egmore, Chennai, in Crl.M.P.No.22300 of 2024 by an order dated 25.06.2024 and consequently direct the first respondent to register the FIR.

Heard the learned counsel on either side and perused the materials available on record.

It is seen that the petitioner has filed petition under Section 156(3) Cr.P.C. to direct the respondent police to register FIR based on the petitioner's complaint dated 28.08.2023. The learned Metropolitan Magistrate, Additional Court for CCB, Chennai, by an order dated 25.06.2024 allowed the petition and directed the respondent police to conduct enquiry and if any material evidence found, directed to proceed further.

It is the grievance of the petitioner that despite the directions of the Magistrate, neither the petitioner nor the accused was summoned for enquiry. Therefore the petitioner filed present petition seeking directions to the respondent police to comply with the directions issued by the learned Magistrate 2/4

and to register FIR.

Learned Additional Public Prosecutor for the first respondent submitted that petitioner is not cooperating and has not produced documents as requested by the respondent police vide letter dated 23.09.2024. In view of the above submissions, the petitioner is directed to send all the documents required by the respondent police as per their letter dated 23.09.2024 within a period of ten days from the date of receipt of a copy of this order. On receipt of the documents, the first respondent police is directed to proceed with the investigation in accordance with law. With the above directions, this criminal original petition stands disposed of.

14.11.2024 Speaking Order/Non Speaking Order cgi To

1. The Inspector of Police, Bank Fraud Investigation Wing, Central Crime Branch, Vepery, Chennai-600007

2. The Public Prosecutor, Madras High Court.

3/4

P.VELMURUGAN, J., cgi Crl.O.P.No. 25336 of 2024 14.11.2024 4/4